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Madras High Court

Opportunity of personal hearing u/s 75(4) of GST Act mandatory even if not opted by assessee

December 20, 2023 6417 Views 0 comment Print

Since it was mandatory on the part of the respondents to provide opportunity to assessee for personal hearing and without giving any such opportunity of personal hearing, the impugned order came to be passed, which amounted to violation of provision specified under Section 75(4).

HC quashed order of service of notice through GST Portal to assessee whose Registration was cancelled before serving the same

December 18, 2023 16026 Views 0 comment Print

Service of notice for cancellation of GST registration through e-portal only without physical means was not valid as assessee could not open the e- Portal, due to cancellation of their GST registration and the respondent could expect assessee to know of the issuance of show cause notice or any other communications which were sent through e-Portal. 

Show Cause Notice Isn’t a Denial of Hearing: Madras HC

December 18, 2023 1026 Views 0 comment Print

Madras High Court dismisses a writ petition, emphasizing that a show cause notice is not a denial of hearing. Get insights on the case – Lakshmi Jalladianpettai Lakshmanan Vs ITO

Revenue Department has no power to re-adjudicate or re-quantify Refund Order

December 16, 2023 888 Views 0 comment Print

Madras High Court directs Revenue Department to refund excess tax as per the original refund order, stating it has no power to re-adjudicate or re-quantify.

Madras HC Sets Aside GST Assessment Order Citing Technical Glitches on Portal

December 14, 2023 1806 Views 0 comment Print

Explore the Madras High Court’s decision in East Coast Constructions and Industries Ltd. vs. Assistant Commissioner, where it allowed a writ petition, highlighting technical issues on the GST portal. The court remanded the matter, emphasizing the need for a fair chance and directing the Revenue Department to address dashboard discrepancies.

No reassessment beyond 4 years as assessee disclosed Agricultural Land sale in return during scrutiny assessment

December 12, 2023 3312 Views 0 comment Print

Reassessment initiated beyond 4 years was quashed as assessee had disclosed the information with regard to the sale of the agricultural land and all the particulars with regard to sale of agricultural land was disclosed before AO in full extent and there was no failure on the part of assessee with regard to providing material facts and the notice issued under Section 148 and 149 of the Act for re-opening assessment.

ED summons relating to sand mining without an existence of proceeds of crime unjustified

December 12, 2023 519 Views 0 comment Print

Madras High Court held that ED is trying to fish out the possible commission of offence relating to sand mining without an existence of proceeds of crime. Accordingly, the enquiry contemplated by the impugned summons is not within the domain or within the authority of the respondent, as per Section 50 of the PMLA, 2002.

Gopal Selvam GST Registration Dispute: Madras High Court Decision

December 12, 2023 624 Views 0 comment Print

Explore the recent Madras High Court ruling on GST Registration dispute involving Gopal Selvam. Details on the grounds, court’s view, and implications for businesses.

CGST Section 129(3) Notice Must Be Issued Within Seven Days of Goods Detention or Seizure

December 10, 2023 1509 Views 0 comment Print

Explore the Madras High Court judgment on Tvl.V.V.Iron and Steels challenging an E-Way Bill notice timing violation under Section 129(3) of CGST Act, 2017.

Revenue to Approach Liquidator First, Directors Second for Unrecovered Dues

December 10, 2023 501 Views 0 comment Print

Read the Madras High Court judgment on recovering dues from a liquidated company. Explore the legal implications and steps to approach the Liquidator before pursuing Directors

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